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Dictionary of Law |
wrongful death :: legal definitionWrongful death - n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband's love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members). Related Law Termsact of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion. change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence corporation :: n. an organization formed with state governmental ... ation public corporation securities court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues. direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. foster child :: n. a child without parental support and protection ... local government or a state agency. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir process :: n. in law, the legal means by which a person is re ... service of process subpena summons promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property damage :: n. injury to real or personal property through ano ... l value. See also: damages property proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Wwaive :: v. to voluntarily give up something, including not ... the other state). See also: waiverwaiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried. widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will will :: n. a written document which leaves the estate of t ... will and testament probate testator will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful |